Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Belgium

Confrontation (713)

1. MEASURE IMPLEMENTATION

Belgium

Is this measure possible in your Member State under International Judicial Cooperation?

Yes. This measure concerns bringing face-to-face the accused party and witnesses, accused parties with each other and witnesses with each other in order to be able to clarify certain facts that may be useful in exposing the truth.

2. LEGAL FRAMEWORK

Belgium

International legal framework applicable for this measure in your Member State

Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union, and its Protocol of 16th octobre 2001; Benelux Treaty on Extradition and Mutual Legal Assistance in Criminal Matters of 27 June 1962, and its Protocol of 11 May 1974; European Convention on mutual assistance in criminal matters of 20th April 1959 and its additional Protocol of 17th March 1978

3. COMPETENT AUTHORITY TO:

Belgium

* receive the request/decision for judicial cooperation

The letter of request has to be sent to the local public prosecutor's office of the geographical area where the investigating measure has to be executed (place of residence of the witness or suspect/ place of detention of the suspect). if this area is not known, the letter of request has to be sent to the federal prosecutor's office - section of international cooperation.

* execute/recognise the measure (if other than the receiving authority)

The public prosecutor or the delegated judicial police officer. The investigating judge if the confrontation involves a suspect linked to his investigation.

4. ACCEPTED LANGUAGES

Belgium

Accepted languages for the request/decision

Dutch, French and German Important remarks: before the execution, the letter of request will be translated by the Belgian prosecutor if the language is not the language of the judicial area where the letter of request has to be executed. It is recommended, when possible, to obtain previously the information about the correct language.

5. EXECUTION DEADLINE

Belgium

Deadlines for the execution of the request/decision (where applicable)

There is no specific deadline foreseen by the Belgian law for the execution of letters of request. If the requested deadline cannot been respected the requesting state will be informed accordingly.

6. CONCISE LEGAL PRACTICAL INFORMATION

Belgium

a. Special requirements

Content of the letter of request: at least Article 14 of the 1959 Convention. It is important to indicate in the letter of request: - whether the oath is needed before the hearing of the witness; - whether a defence lawyer has to be present. This measure is not provided for by the Criminal Investigation Code but it is common practice. It can be implemented according to various methods: it can consist of bringing the parties concerned directly face-to-face within the framework of a cross examination whereby they are called up in turn to answer questions, confrontation behind a two-way mirror or presenting photographs or a video.

b. Other useful information

The presence of the requesting judicial authority and/or investigators can be allowed; this has to be requested explicitely in the letter of request. A confrontation can be done using video conferencing (see fiche 703 - witness and fiche 711 - suspect).

Last reviewed on 3 March 2017 by EJN Secretariat

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